Coronavirus Florida: Gov.’s order allows elected officials to call it in for public meetings

Sonja Isger @sonjaisger

Friday

Mar 20, 2020 at 2:15 PM

The elected officials can call in to a public meeting under Gov. Ron DeSantis’ executive order, but Sunshine Law demands public have a right to weigh in. Governments grapple with how to allow that in time of social-distancing.

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Gov. Ron DeSantis has cleared the way for elected officials to hold their meetings electronically, end-running elements of the state’s public meetings requirements in deference to the pressing national need to curb the size of public gatherings.

In Palm Beach County and across the state, coronavirus has forced elected officials to reconcile how to conduct business in the public’s view and still cap any gathering at 10 people at a meeting when that’s barely enough to seat a school board or county commission.

The governor’s executive order addresses the very specific requirement that a quorum of elected officials be in one room for the meeting to happen. Now those officials can meet in the virtual world, using a variety of teleconferencing technology.

"This is a very limited order," said a pleased Barbara Petersen, speaking for Florida’s First Amendment Foundation. "They still have to comply with the critical elements of the Sunshine Law."

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The public must be notified in advance of a meeting, for example.

But perhaps most importantly, they must still find a way to allow the public to participate — even if they don’t have access to the internet or computers, Petersen said.

A similar issue confronts courts: How to limit spread of a virus while maintaining an open court system. If hearings and trials are held by phone, how will members of the public know and be given an opportunity to observe?

Earlier this week, the Palm Beach County School Board took its first crack at meeting in the age of social-distancing.

Four board members attended in person — this was before the governor’s order could relieve them of that obligation — while two called in by phone. One board member was absent. They spaced themselves along the dais with a chair in between each.

The day before the meeting, the board made the unprecedented ask that the public watch its previously scheduled Wednesday night meeting from home and send comments or questions via email. The meeting is typically streamed on the district’s website and local cable channels.

District officials further thinned the meeting crowd by cutting the number of staff who attend and making presentations in writing.

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Boynton Beach city commissioners made their call Wednesday.

They voted to allow electronic meeting attendance from officials. The emergency rule is in effect until April 20 unless extended.

Boynton officials are giving the public 48 hours after meetings to call or write in comments on agenda items. Commissioners also brought up taking comments before and during meetings.

In Lake Worth Beach, officials pulled out the tape measure in preparation for Thursday’s meeting. Commissioners distanced themselves at the head of the room, the city manager and attorney were at opposite ends of the first row nearest microphones, said City Clerk Deborah Andrea.

Andrea used painters tape to make where people can sit and attempted to have no more than 10 people in the room at a time.

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"We have also put a form online for residents to give opinions and express consent to or opposition to items before the Commission, these responses will be read into the record. The meeting will be on YouTube and will be closed captioned in real time," Andrea wrote.

At a special meeting Wednesday, Wellington town officials also used that ubiquitous blue tape to restrict seating in a way that enforced social-distancing.

The Palm Beach Gardens City Council also is hoping that putting the meetings online, keeping staff to a minimum and inviting public comment via email will keep attendance manageable at its next monthly meeting April 2. (Other advisory boards and committee meetings have been cancelled through early May.)

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"It’s a tough one. It’s complicated," Petersen said. "We (the public) have a right to be present and to be heard."

The right is guaranteed by the state’s Constitution.

Many meetings in the coming weeks have been cancelled.When they are meeting, many, such as the School Board and North Palm Beach City Council, have said they are scaling back the agenda, steering clear of items that would draw a crowd.

The School Board took up several items Wednesday, including negotiated raises for teachers, administrators and officer personnel. It is also conveyed emergency powers to Superintendent Donald Fennoy.